Baliram Sahni @ Balram Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36440 of 2019 Arising Out of PS. Case No.-1261 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Baliram Sahni @ Balram Sahni, Son of Sahdev Sahni, Resident of Village - Dhobghatti, P.S.- Hajipur Sadar, Dist.- Vaishali 2.

Ritlal Sahni, Son of Jaglal Sahni, Resident of Village - Pahetiya, P.S.- Hajipur Sadar, Dist.- Vaishali 3.

Raj Kumar Rai @ Raj Kumar, Son of Nagendra Rai, Resident of Village - Salempur, P.S.- Hajipur Sadar, Dist.- Vaishali ... ... Petitioners

Versus

1.

The State of Bihar 2.

Sunita Devi, W/o Virendra Bhagat, Resident of Village - Sahadullahpur @ Chakki Chandwara, P.S.- Ahiyapur, Dist.- Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In spite of valid service of notice, the opposite party no.2 has chosen not to contest the matter. The petitioners seek pre-arrest bail in connection with Complaint Case No.1261 of 2017 (Tr. No.3 of 2018) in which cognizance has been taken for the offences punishable under Sections 323, 341 and 354 read with 34 of the Indian Penal Code.

Considering the inordinate and unexplained delay

Patna High Court CR. MISC. No. 36440 of 2019(6) dt.16-11-2019 2/2 of ten days in filing the complaint as also the fact that coaccused Sudhir Kumar Gupta has already been granted prearrest bail by a Bench of this Court vide order dated 25.02.2019 in Cr. Misc. No.15560 of 2019, in the event of arrest or surrender in the court below within a period of six weeks, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Complaint Case No.1261 of 2017 (Tr. No.3 of 2018) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T